Foreign spouses who recently married U.S. citizens generally enter the United States as conditional residents. The conditional status lasts for a period of two years. U.S. Citizenship and Immigration Services (USCIS) uses the conditional status like a probation period. Before the end of the conditional period, the couple must file Form I-751, Petition to Remove Conditions on Residence and prove a bona fide marriage. Getting an I-751 approved is essential for the conditional resident to remain in the United States and obtain the permanent 10-year green card. Getting an I-751 denied can result in the foreign spouse being removed from the U.S.
If your Form I-751 is denied, USCIS will send you a letter explaining the reason for the decision. That letter will also include a Notice to Appear (NTA) in immigration court for removal proceedings. Continue reading
How Divorce Can Affect Your Immigration Status
Divorce can be a devastating life event. It’s emotionally exhausting, financially costly and can even affect one’s immigration status in the United States. A divorce after green card may introduce new challenges to a permanent resident. But in other cases, it’s not an issue.
Before you file another application or petition with U.S. Citizenship and Immigration Services (USCIS), take the time to understand how your divorce or annulment may affect your situation. Continue reading
The questions vary from, “Can I stay in the U.S. after a visa overstay and marriage to a U.S. citizen?” to “What happens if my visa expires and I’m married?” These questions are concerned with obtaining a legal status in the United States despite a period of unlawful presence.
Spouses of U.S. citizens do have special immigration privileges. They benefit from certain provisions in the law that are favorable in cases where the intending immigrant has overstayed a visa. But it’s important Continue reading
For immigrants arriving to the United States, the American tax system can be a very new and confusing concept. In fact, the U.S. tax system is so complex that most natural-born Americans have difficulty filing each year. As a general rule, U.S. tax law applies to you if you live in the United States or spend a significant amount of time here.
In the United States everyone with income above certain levels is expected to file a tax return. That’s not true in all countries around the world. In many countries, the government withholds taxes from paychecks, and the individual never has to directly file an income tax return. The Internal Revenue Service (IRS) is the U.S. agency responsible for collecting taxes.
Whether you are a lawful permanent resident or an undocumented immigrant, it’s important that you get a basic understanding of your tax filing obligations. Continue reading
Special rules in U.S. immigration law allow permanent residents applying for citizenship through marriage to become naturalized in just three years. Most permanent residents must live in the United States for a minimum of five years before applying for citizenship. However, the spouse of a U.S. citizen who resides in the United States may be eligible to file Form N-400, Application for Naturalization, on the basis of his or her marriage after just three years.
The Immigration and Naturalization Act (INA Section 319(a)) describes the special provisions for the spouse of a U.S. citizen living in the United States. The spouse must have continuously resided Continue reading
The K-1 fiancé visa is one of the most requested U.S. visas. The U.S. Department of State issues the K-1 to the foreign national fiancés of U.S. citizens for the purpose of entering the United States for marriage. Once married, the foreign national may adjustment status to permanent resident (green card holder). However, mistakes in the K-1 visa process can ruin those plans. Minor oversights may only delay the process, but other mistakes can create long-term immigration problems.
Although most visa requests are granted, it’s good to know the common pitfalls that caused problems for others. We’ve outlined five of the biggest mistakes in the K-1 visa process. Before preparing Form I-129F, Petition for Alien Fiancé, review these avoidable problems. Continue reading
A foreign national spouse of a U.S. citizen who is also inside the United States can generally apply for a green card without leaving the U.S. This process, known as adjustment of status, concludes with an interview. U.S. Citizenship and Immigration Services (USCIS) interviews virtually every applicant for a marriage-based green card. Upon completion of a successful marriage-based adjustment of status interview, the applicant will generally become a permanent resident (green card holder). Every couple should prepare for this interview. Knowing what to expect, what items to take, and how to respond to questions will improve your chances of a quick approval. Continue reading
As the name suggests, permanent resident status is generally constant. It’s granted to people who intend to live in the United States for the foreseeable future. Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. However, there are ways to lose permanent resident status. Certain actions can trigger removal (deportation) proceedings and the potential loss of this coveted immigration status.
The article discusses the major ways that one can lose permanent resident status, but it isn’t an exhaustive list. Only a lawful permanent resident who naturalizes as a U.S. citizen is safe from most of these grounds of removal. Continue reading
It is possible to avoid the dreaded I-751 interview. No couple wants to visit U.S. Citizenship and Immigration Services (USCIS) to be prodded with personal questions about their marriage. What’s more, the stakes are high. If USCIS isn’t convinced that you have a bona fide marriage, the conditional resident’s status may be in jeopardy.
As a matter of law (INA §216) a couple must appear for a personal interview in order for the conditions on residence to be removed. But if USCIS is satisfied that the marriage was not for the purpose of evading the immigration laws, they may waive the interview and approve the I-751 petition. Let’s help you avoid the I-751 interview all together. Continue reading
Marriage green card is a common phrase used to describe a permanent resident card obtained through marriage to a U.S. citizen or lawful permanent resident. Permanent residence is an immigration status that allows a foreign national to live and work in the United States permanently. Of course, the permanent resident may choose to naturalize as a U.S. citizen once eligible.
A marriage-based green card can be one of the quickest ways to obtain permanent residence. The marriage alone doesn’t provide any immigration status to a foreign national. But marriage to a U.S. citizen or permanent resident is a qualifying relationship for a foreign national to apply for immigration benefits. Continue reading